FRANCE Law and Practice Contributed by: Thierry Marembert, Cécile Labarbe and Céline Serpagli, Kiejman & Marembert
the name and signature of the arbitrators are not written, or the majority of the arbitrators have not endorsed the decision. Appeal proceedings should be brought before the court of appeal that has jurisdiction over the award. The award can be appealed as soon as it is released and up to one month following its notification. Since July 2025, the Paris Court of Appeal holds exclusive jurisdiction over all annulment appeals. Despite the reform of the appeal procedure, the sus- pensive effect of the appeal continues to be applicable to domestic awards, notwithstanding the ability of the arbitration tribunal to order provisional enforcement. If granted, provisional enforcement can be challenged by the parties through a specific application before the president of the appeal court. An appeal against the arbitration award also triggers an appeal against the subsequent enforcement order. Finally, full judicial review of the arbitration might also be possible, mostly in the event of a fraud. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Exequatur is automatically granted when the award has been fully or partially confirmed by the court of appeal. Otherwise, the enforcement of the award requires a fast and simplified ex parte judicial appli- cation. The application file should include an original of both the award and the arbitration agreement (or certified copies). For awards in foreign languages, a French transcript may also be requested. Applications should be filed before: • the tribunal judiciaire within the jurisdiction of which it was issued; or • the Paris tribunal judiciaire for foreign awards.
Enforcement can be denied if the award and/or the enforcement itself constitutes a blatant violation of domestic or international public order. The French Supreme Court recently denied enforcement in a mat- ter regarding an insolvency proceeding, ruling that the principle of the stay of individual proceedings – which is a matter of international public policy – cannot be circumvented through arbitration ( Cour de cassation , 8 February 2023, No 21-15.771). An appeal can be lodged against such decisions with- in one month after being notified. Favourable enforcement decisions cannot be appealed when they affect domestic and internation- al arbitrations, except when the parties have agreed to waive their right to claim for the annulment of the award. Such decisions that affect foreign awards can be appealed when they are based on annulment grounds provided in Article 1520 of the FCCP. 14. Outlook 14.1 Proposals for Dispute Resolution Reform There are no major proposals for dispute resolution reform in France, as far as is known. 14.2 Growth Areas The main areas of growth for commercial disputes are linked primarily to competition law, duty of care and environmental liability, financial fraud and bank liability, cybersecurity and data protection, collective insolvency proceedings, etc. The entry into force of the “DDADUE Law” of 30 April 2025, which transposes Directive 2020/1828 and reforms the class action regime, could lead to an increase in litigation related to class actions.
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